Virginia's Proposed Gun Laws: A List of Egregious Infringements
In reviewing Virginia's proposed gun laws, it reminds me of what I lived under in California over decades of oppression. However, VA is trying to do what California did over decades in one single legislative session. A state that had been a "free state" will now become a clone of California. Just walk through San Francisco and tell me that is OK with you.
The laws run the gamut from gun bans to changes in the government that favor the next presidential race and favors democrat rule in Virginia. So without further adieu, here are the top infringements from this legislative session.
SB16 Assault firearms and certain firearm magazines; prohibiting sale, transport, etc., penalties.
This bill was struck down by the Virginia Senate on January 13, 2020. However, the primary reason for this bill's failure was because another bill is currently making its way through the House that contains all of the same draconian measures, but simply adds an "assault firearm permit" system that effectively acts as a grandfather clause. (See: HB 961 with the same/similar title)
HB 961: Assault firearms, certain firearm magazines, etc; prohibiting sale, transport, etc., penalties.
A) BANS THE FUTURE SALE OF ALL "ASSAULT FIREARMS" IN VIRGINIA! The definition for "assault firearm" is also changed to include just about every popular semi-automatic rifle or pistol configuration imaginable.
B) Effectively bans shotguns that hold more than seven rounds
C) Makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport an "assault firearm" without an "assault firearm permit," and said permits are only available for those who owned the affected firearms in Virginia on or before January 1, 2020.
D) Makes it a Class 6 felony for any person to import, sell, transfer, manufacture, purchase, possess, or transport any magazine that holds more 10 rounds of ammunition.
E) Makes it a Class 6 felony for any person to import, sell, transfer, manufacture, purchase, possess, or transport a silencer.
F) Makes it a Class 6 felony for any person to import, sell, transfer, manufacture, purchase, possess, or transport any trigger activator.
G) Anyone who owns magazines that hold more than 10 rounds, silencers, or trigger activators has until December 31, 2020 to either 1) make them inoperable, 2) transfer or sell them to someone outside of Virginia, or 3) turn them into the police.
H) Anyone who owns an "assault firearm" has until December 31, 2020 to obtain an "assault firearm permit." Anyone who retains an assault firearm beyond that date without a permit will be guilty of a Class 6 felony.
I) Disallows transport or carrying of "assault firearms" outside of the home for any purpose or location other than to/from a firing range, to/from hunting, or en route to turn in the firearm to a law enforcement agency. They must also have the "assault firearm permit" on their person while transporting and using said firearms.
J) "Assault firearms" must be transported unloaded and in a locked container.
K) The Department of State Police will enter the names and descriptions of all persons issued a permit to possess an assault firearm in the Virginia Criminal Information Network (VCIN)
SB 35 Firearms in Public Places
Authorizes any locality to prohibit the possession of firearms and ammunition in public spaces during permitted events or events that would otherwise require a permit.
SB 240: "Red Flag Law"
This is the infamously unconstitutional law known as a "Red Flag Law." It creates a procedure by which any attorney for the Commonwealth or any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm.
SB 69 Handguns; limitation on purchases, penalty.
Prohibits anyone who is not a licensed firearms dealer from purchasing more than one handgun within a 30-day period, making the offense a Class 1 misdemeanor. (passed in the Senate on January 16, 2020).
On a side note, can you imagine putting a limitation on the 1st amendment like this? An example, you can only say 1,000 words per day.
HB 899 Restricted Firearm Ammunition
Makes it illegal to manufacture, import, sell, transfer, or possess "Restricted firearm ammunition," which is defined as: bullets, projectiles or other types of ammunition that are: (i) coated with or contain, in whole or in part, polytetrafluorethylene or a similar product, (ii) commonly known as "KTW" bullets or "French Arcanes," or (iii) any cartridges containing bullets coated with a plastic substance with other than lead or lead alloy cores, jacketed bullets with other than lead or lead alloy cores, or cartridges of which the bullet itself is wholly comprised of a metal or metal alloy other than lead. This definition shall not be construed to include shotgun shells or solid plastic bullets. (previously, it was only illegal to use these in the commission of a crime. With this bill, mere possession would become illegal).
SB 70 Background Checks
Requires background checks for any firearm transfer and directs State Police to set up a process for obtaining such a check from a licensed firearms dealer. Anyone who sells a firearm without a background check is guilty of a Class 6 felony, and the person who receives the firearm is guilty of a Class 1 misdemeanor. (passed in the Senate on January 16, 2020)
HB 192 Proof of Competence with a Firearm
Requires proof of demonstration of competence with a firearm in order to legally purchase any firearm. This essentially applies the same training requirements for all purchase as those required to obtain a concealed carry permit. In other words, a person will be required to attend official training before they can even purchase a firearm, let alone carry one.
HB 421 Firearms, ammunition, etc.; control by localities by governing possession, etc., within locality.
Allows all local governments throughout Virginia to adopt or enforce any ordinance, resolution, or motion, as permitted by § 15.2-1425, governing the possession, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof in such locality. In other words, local governments in Virginia can further regulate where people in those localities can/cannot possess, carry, store, or transport firearms. This bill also removes the provision that currently prevents local governments from making ordinance that affects "workplaces" in their locality.
SB 399 Electoral College Votes
Presidential electors; National Popular Vote Compact. Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term.
SV29 Constitutional amendment (first resolution); election of the Governor, Lieutenant Governor.
Constitutional amendment (first resolution); election of the Governor, Lieutenant Governor, and Attorney General. Changes the method of election for the Governor, and by reference, the Lieutenant Governor and Attorney General. The candidate receiving the highest number of votes in a majority of each of the congressional districts shall be declared elected. Under current law, the person receiving the highest number of votes statewide is declared elected. Ties in the number of votes in a given congressional district or in the number of congressional districts won are determined by a majority vote of the General Assembly.
HB 260 Firearms; transfer, criminal history record check delay.
Transfer of firearms; criminal history record check delay; penalty. Increases from the end of the next business day to within five business days the time in which State Police must advise a dealer if its records indicate that a firearms buyer or transferee is prohibited from possessing or transporting a firearm and the time after which a dealer may complete the sale or transfer without a response from the State Police. The bill removes the option in current law that a dealer may immediately complete the sale or transfer if he is advised by the State Police that a response will not be available within the required timeframe.
HB 355 Firearm transfers; criminal history record information checks, penalty.
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors of firearms to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers
(i) between immediate family members; (ii) that occur by operation of law;
(iii) by the executor or administrator of an estate or by the trustee of a testamentary trust;
(iv) at firearms shows in accordance with law;
(v) that are part of a buyback or give-back program;
(vi) of antique firearms;
(vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or
(viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary.
HB 463 Minors; allowing access to firearms, Class 6 felony, etc.
Allowing access to firearms by minors; penalty. Provides that any person who negligently leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any person under the age of 18 is guilty of a Class 6 felony. Current law provides that any person who recklessly leaves a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14 is guilty of a Class 3 misdemeanor.
HB 568 Carrying or storing firearms in motor vehicles and vessels; exceptions, penalty.
Carrying or storing firearms in motor vehicles and vessels; exceptions; penalty. Provides that any person possessing or storing a firearm in a motor vehicle or vessel shall secure such firearm in a locked container, other than a glove box, that is not within the dominion and control of or readily accessible for prompt and immediate use by any person within the motor vehicle.
The bill provides exceptions for law-enforcement officers, licensed security guards, military personnel in the performance of their lawful duties, or any person having a valid concealed handgun permit. A violation is punishable by a civil penalty not to exceed $2,500. The bill also removes the current exception for carrying a concealed weapon for any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.
HB 960 Firearms and ammunition; imposes additional sales and use tax, use of proceeds.
Additional state sales tax on firearms and ammunition; use of proceeds; Student Mental Health and Safety Fund and Program.Imposes an additional sales and use tax on the retail sale of firearms and ammunition. The amount of the tax shall be 10 percent minus the amount of tax imposed by all other sales and use taxes levied by the Commonwealth.
Revenues from the tax shall be deposited in the Student Mental Health and Safety Fund (the Fund), which is established by the bill. In addition to the Fund, the bill creates the Student Mental Health and Safety Program (the Program). The Program and Fund shall provide grants on a competitive basis to public school divisions for the purpose of funding full-time school counselor positions at a ratio of 250:1 or better, school social worker positions at a ratio of 400:1 or better, and school psychologists at a ratio of 500:1 or better.
HB 599 Weapons; carrying into building owned or leased by the Commonwealth, penalty.
Carrying weapon into building owned or leased by the Commonwealth; penalty. Makes it a Class 3 misdemeanor for a person to transport any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind; (ii) frame, receiver, muffler, silencer, missile, projectile, or ammunition designed for use with a dangerous weapon; or (iii) other dangerous weapon into a building owned or leased by the Commonwealth or any agency thereof, where employees of the Commonwealth or agency thereof are regularly present for the purpose of performing their official duties.
A third or subsequent violation is punishable as a misdemeanor, and such offender may be confined in jail not more than 30 days and fined not more than $500, either or both. The bill provides exceptions for law-enforcement officers, conservators of the peace, magistrates, court officers, judges, city or county treasurers, commissioners or deputy commissioners of the Virginia Workers' Compensation Commission, authorized security personnel, and active military personnel while in the conduct of such individuals' official duties. The bill requires that notice of the provisions prohibiting the carrying of such weapons be posted at each public entrance to all buildings owned or leased by the Commonwealth or any agency thereof.
HB 1079 Weapons; possession in Capitol Square and legislative buildings, penalties.
Possession of weapons; Capitol Square and legislative buildings; penalties. Prohibits the possession of a (i) firearm or other weapon designed or intended to propel a missile or projectile of any kind; (ii) frame, receiver, muffler, silencer, missile, projectile, or ammunition designed for use with a dangerous weapon; or (iii) other dangerous weapon, including explosives, stun weapons, or any weapon currently prohibited from being carried concealed while in
(a) the Capitol of Virginia,
(b) Capitol Square,
(c) any other building owned or leased by the Commonwealth and used predominantly for the conduct of the business of the General Assembly, or (d) any other building where the General Assembly is meeting in session. The prohibition does not apply to law-enforcement officers, authorized security personnel, or active-duty military personnel in the performance of such person's lawful duties. A first offense is punishable as a Class 2 misdemeanor and a second or subsequent offense is punishable as a Class 1 misdemeanor.
SB 14 Trigger activators; prohibition, penalty.
Bans Trigger Activators (ie. bump stocks, binary triggers, trigger cranks, etc). Manufacture, importation, sale, possession, transfer, or transportation of these devices becomes a Class 6 felony.
SB 18 Firearms; criminal history record information checks, age requirement, penalty.
There are several changes to current law made in this bill:
A) Makes it a class 6 felony to "recklessly" leave a loaded and unsecured firearm "in such a manner as to endanger the life or limb" with any person under age 18, rather than the old age limit of 14 (similar to: HB 463 and HB 1083).
B) Raises age to purchase ANY firearm in Virginia to 21 for anyone who has not attained the age of 18 by July 1, 2020.
C) Contains similar background check language to SB 70, which was already passed separately on January 16, 2020.
D) Persons under age 21 will require written permission (in hand) to carry a handgun or assault firearm on another person's property.
SB 35 Firearms, etc.; permitted events.
Control of firearms by localities; permitted events. Authorizes any locality by ordinance to prohibit the possession or carrying of firearms, ammunition, or components or any combination thereof in a public space during a permitted event or an event that would otherwise require a permit. The bill contains technical amendments.
SB 64 Paramilitary activities; penalty.
Paramilitary activities; penalty. Provides that a person is guilty of unlawful paramilitary activity if such person assembles with another person with the intent of intimidating any person or group of persons by drilling, parading, or marching with any firearm, any explosive or incendiary device, or any components or combination thereof. Such unlawful paramilitary activity is punishable as a Class 5 felony.
SB 615 Firearms; control by localities in local government buildings and parks.
Allows local governments throughout Virginia to create ordinance that would ban firearms, ammunition, or components or combination thereof in any building owned or used by such locality for governmental purposes and in any public park owned by the locality.
SJ 14 Constitutional amendment (first resolution); qualifications of voters; restoration of civil rights.
Constitutional amendment (first resolution); qualifications of voters; restoration of civil rights by general law. Authorizes the General Assembly to provide by general law for the restoration of civil rights for persons convicted of a felony. The present Constitution provides for restoration of rights by the Governor, and the amendment retains this right.
SJ 8 Constitutional amendment; qualifications of voters and the right to vote.
Amendment to the Virginia Constitution that would allow both felons and those declared mentally incompetent to vote
SB 65 Voter identification; repeal of photo identification requirements.
Removes the requirement that voters show a form of identification containing a photograph in order to be allowed to vote.
SJ 6 Constitutional amendment; Governor's term of office (first reference).
Permits a Governor elected in 2025 and thereafter to succeed himself in office. The amendment allows two four-year terms (either in succession or not in succession) but prohibits election to a third term. Service for more than two years of a partial term counts as service for one term.
HB 842 Removal of public officers; petition requirements, signature requirements.
Removal of public officers; petition requirements; signature requirements. Clarifies that the requirement that a petition for the removal of a public officer be signed under penalty of perjury applies only to the person or persons filing such petition with the circuit court. Registered voters signing the petition for purposes of reaching the required number of signatures shall not be required to sign under penalty of perjury. The bill also increases the required number of signatures to a number of registered voters in the locality equal to 25 percent, up from 10 percent, of the total number of votes cast at the last election for the office, and requires the signatures to be collected within a 60-day period.